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| Am. Family Mut. Ins. Co. v. Page, Nos. 2-05-0770 & 2-05-0799 cons.,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 11, 2006, Filed
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Overview: Trial court properly granted summary judgment to two insurance companies in a declaratory judgment action because the property where an accident occurred was not vacant land as the property contained a pole building. Thus, the insurance policies, which extended coverage to vacant land owned by the insureds, did not extend coverage to the property.
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| Interior Crafts, Inc. v. Leparski, No. 3-05-0102,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, July 11, 2006, Filed
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Overview: Bank was properly found liable for conversion and damages under 810 Ill. Comp. Stat. Ann. 5/3-206 after it deposited checks placed in its ATM and endorsed in a company name with a restrictive endorsement of "for deposit only" in personal account of company's employee. The bank was a depository bank subject to the provisions of § 3-206.
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| Vill. of Willowbrook v. Bd. of Trs., No. 2-04-0960,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 11, 2006, Filed
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Overview: Trial court erred in directing that interest should be added in considering a village's contributions to state municipal retirement fund as 40 Ill. Comp. Stat. Ann. 5/7-139(a)(9) did not require the interest additions, and under 40 Ill. Comp. Stat. Ann. 5/7-172, calculation of contribution based on a statewide average contribution was also error.
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| Farmers Auto. Ins. Ass'n v. Kraemer, NO. 5-05-0447,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, July 12, 2006, Opinion Filed
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Overview: Insurer was not released from its obligation to pay the insured underinsured-motorist-coverage benefits by a release signed by the insured in favor of the tortfeasor's insurance company; insurer was not a party to the release and gave no consideration for the release and the language of release was restricted to persons intended to be released.
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| Gooden v. Indus. Comm'n (Allstate Ins. Co.), No. 1-05-3756WC,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, WORKERS' COMPENSATION COMMISSION DIVISION, July 12, 2006, Filed
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Overview: Where the employee was injured while playing a game at the employer's picnic, the injury was not a compensable workers' compensation injury because the employee was not ordered or assigned to attend pursuant to 820 Ill. Comp. Stat. Ann. 305/11. The employee had the choice to either attend the picnic or to work, and he was to be paid either way.
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| Morton's of Chi. v. Indus. Comm'n (Rooch), No. 1-05-2461WC,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, WORKERS' COMPENSATION COMMISSION DIVISION, July 12, 2006, Opinion Filed
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Overview: Where Illinois Industrial Commission awarded former employee wage differential benefits under 820 Ill. Comp. Stat. Ann. 305/8(d)(1) based on 13 % raise she would have received had she continued as waitress, this was not based on speculation. It was based on raise given all servers, particularly one who was similarly situated to employee.
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| People v. Aldama, No. 2-05-1216,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 12, 2006, Filed
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Overview: State's appeal of order that allowed defendant to withdraw plea of guilty to charge of driving with a suspended license, based on an argument the trial court was without jurisdiction to enter the order, was dismissed. Ill. Sup. Ct. R. 604(a) did not provide a basis for the State to appeal the order or the issue of the trial court's jurisdiction.
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| People v. Monroe, No. 2-04-0732,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, July 12, 2006, Filed
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Overview: Testimony of sexual assault victims' father and his wife as to defendant requiring the victims to tickle each other while naked went to the details of how defendant was abusing the victims, and the testimony was therefore not improper pursuant to 725 Ill. Comp. Stat. Ann. 5/115-10.
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| Am. Freedom Ins. Co. v. Uriostegui, 1-05-0690, 1-05-1012 (Consolidated),
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, July 13, 2006, Opinion Filed
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Overview: Insurer was not obligated to defend or indemnify a policyholder in personal injury and/or wrongful death actions arising out of an auto accident. The nonowner policy the policyholder obtained excluded coverage for vehicles furnished for "regular use" and the car the policyholder was driving was furnished for his regular use.
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| Citizens to Elect Collins v. Ill. State Bd. of Elections, 1-05-0572,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, July 13, 2006, Opinion Filed
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Overview: Fact that disclosure calendar issued by Illinois State Board of Elections was at odds with Election Code and the Board's regulations did not provide the extraordinary circumstance necessary for a committee that filed an untimely appeal of the imposition of a fine to obtain reconsideration of its appeal.
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